U.S.A. – -(Ammoland.com)- “This petition presents the same issue presented in New York State Rifle & Pistol Association, Inc., v. Corlett … Like the New York statutory scheme at issue in NYSRPA, Hawaii maintains a statutory scheme that denies permits to ordinary law-abiding persons who seek to carry a firearm (openly or concealed) outside the home for self-defense,” attorneys Alan Beck and Stephen Stamboulieh argue in a Petition for Writ of Certiorari filed Tuesday in the Supreme Court of the United States. “Indeed, unlike the New York scheme, where some permits actually have been issued, Hawaii’s scheme is a permitting system in name only, because the statute has been used to deny all permit applications during the nine years this case has been in litigation.”
The case is Young v. Hawaii, an in-your-face denial of the right to bear arms covered extensively by AmmoLand Shooting Sports News. George Young, a native Hawaiian and Vietnam infantry veteran has been trying since 2007 to have his right to carry either openly or concealed recognized, having filed three federal lawsuits (this case is his third) over the state’s deliberately unused handgun carry law. In March, an 11-judge panel of the Ninth Circuit Court of Appeals struck down an earlier ruling that Hawaii’s firearm restriction was unconstitutional, declaring “There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment.”
“The Ninth Circuit’s opinion, which finds the Second Amendment right does not apply outside the home at all, contradicts the decisions of every federal circuit court in the country that has ruled on this issue,” attorney Beck told Courthouse News after the decision was handed down. “We will be seeking Supreme Court review in order to overturn the Ninth Circuit’s erroneous decision.”
Here is the petition:
After procedural responses, we will see if SCOTUS takes on the case or denies it without a word in another act of deliberate indifference — the Roberts court has disappointed in the past. Questions about the Chief Justice have eroded confidence in the courts being a venue where recourse for gun owners is possible.
Add to that questions about the new judges added by Donald Trump, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. When are we going to see some of that pro-Second Amendment fidelity our national “gun advocacy” groups were promising us was just around the corner when they were exhorting us to loudly support their confirmations?
If SCOTUS either punts on or rules against George Young, gun owners will have their answers.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
The Constitution is written in plain English and does not need to be ‘interpreted’ by a partisan, unelected, unaccountable group of people. Especially a group that has seized a power not granted to them in said Constitution.
Their ONLY job is to say if a law is constitutional or not. Yes or No, not shades of grey.
Progressives to Mr Young: “Hey minority dude, we used you to fight our war and you did exactly as expected by serving our needs and serving the community as a good and loyal citizen. We got what we wanted from you. Screw your ‘rights.’ Step off, get in line, know your place. We are the People you have been waiting for. You don’t need ‘rights.’ You have us.” This is the message from our political elites.Do as you are told. Sadly for our Republic there is absolutely nothing ‘elite’ about the political, corporate and cultural governing classes in our country.… Read more »
Yes sir! You hit the proverbial nail right on the head. We use you, abuse you and send off to die so we can shovel more money into our coffers! Patrick Henry and the rest of them are spinning at Light spread!
how sad is it when a native is even denied rights on land his ancestors fought for and the new overlords dont trust him even though he did their bidding fucked up should be governor of the islands instead he is a slave in the land of his fathers
Hawaii have fallen a LONG ways from the days of Queen Lilioukalani,. Sad but true.
We have a SCOTUS that is compromised, and incapable or unwilling to take up pertinent cases. A punt may be all we can hope for.
It may be time to seriously curtail a POTUS’s ability to sign executive orders. I would rather see deadlock and no changes rather than see wholesale change rushed through Congress by Leftist mongrels who can see past their noses.
“We have a SCOTUS that is compromised, …”
We have a SCOTUS that is corrupted beyond redemption.
Congress is corrupt.
The White House is corrupt.
The electorate is mostly corrupt.
America is in very bad shape.
It is time we the people quit fiddle farting around and get this show on the road. Our fore fathers would have been about finished by now. I don’t know what were waiting for, it gets worse by the day. Get ur done before it’s to late.
Yup. SOmeone has some SERIOUS dirt on Roberts. Since the Unaffordable Substitute for Care Act, he’s not been the man we all know prior to that.
But if Cert is granted, and any of the current nine reture, die, or otherwise disappear, the remaining ones will continue with the case. If a new justice is appointed, he cannot be involved in this case.
I’ve been wondering for a long time WHY it is that none of the jerks, corruptocrrats, dirtbag,s, ever get Arkancided. Only the good guys… but then I suppose that’s part of the definitioin of the term, right?
How anyone could come to the conclusion that “..the right of the people to keep an Bear arms shall not be infringed.” means that the right ends at one’s front door, is asinine.
no, morally corrupt.
I’d suggest a GoFund me for Gislane Maxwell that get’s her bailed out and into the witness protection program if she spills the beans. But we all know it would get shut down.
That’s why we have GiveSendGo.
HEAR, HEAR!!!!
The only thing keeping her alive is the hidden video she has of Robert’s and Clinton playing naked leap frog on Epstein Island.
You “keep” arms in the home. You “bear” arms outside the home. 2A clearly says the right of the people to “keep and bear” arms shall not be infringed. How much more clear can it be?
The left has an understanding problem when it comes to plain English.
I don’t believe that is true. I believe they know exactly what the words meant when written. They just don’t agree with them and wish they didn’t exist.
I agree with you, I was just trying to be nice, kinda.
“To pack the court or not … ” I just do not see any difference. Because even if the 2A is supported and the States are pushed into a corner over it, there will suddenly appear a delay, an appeal, something that will put the decision on hold until new Judges can be found to change the ruling. Or, one of the current judges will suddenly mention retirement and put the whole thing back up for grabs again. The topic is just too hot and the status quo, while not popular, is not threatening to tar and feather anyone anymore.… Read more »
“…there will suddenly appear a delay, an appeal, something that will put the decision on hold until new Judges can be found to change the ruling.”
I don’t know what kind of delay, appeal or whatever that you are talking about, but from my understanding there is no appeal of a Supreme Court ruling. Maybe I’m wrong… but I doubt it.
It is time to end Democratic/Socialist/Communism, in this Republic…
“Questions about the Chief Justice have eroded confidence in the courts being a venue where recourse for gun owners is possible.”
Gee you think.
If one studies Marbury V Madison it shows just how corrupt the courts have become ,the court has proven it time and again.
Our Constitutional Rights do not end at the property line to my residence.
Idiotic Ninth Circus.
you’re absolutely right
James, I’m Wearing a T right now and it Says, “My Rights Don’t End Where Your Feelings Begin” I am preceding with caution.
Since the Hawaii case is similar to that of Corlett, it is unlikely the High Court will grant certiorari in two similar cases, especially since we are dealing with two 2A cases, and as we all know the High Court is generally loath to hear 2A cases. Neither the Radical Left-wing of the Court nor the Conservative wing would chance to take a 2A case up as neither side wants to risk a deleterious decision and won’t review a 2A case unless each wing of the Court has a reasonable certainty of getting a majority of Justices on board for… Read more »
You could have saved us all valuable time by just stating the final sentence of your meandering musings. But, NOOOOOOO….
I surely do wish your mama had taught you multiple syllabic words instead of one or two!
You don’t like to think, because you’re not used to doing so, you just want to emote and have the world look the way you want it to look through your Rose colored glasses! When someone is articulate and uses full sentences, you get scared, frustrated, and begin to shake all over!
You are a sad lemming.
Cheers from the oil patch in Central Wyoming
Mr. Kent is certainly a one trick pony, isn’t he?
He only posts one thing, over and over and over, ad nauseum: “You stupid blankety blank blank blank! F you!”
Paraphased, OFC. Quite high brow huh? I guess functional brain cells are NOT one of his superpowers! 🙂
The court’s not going to take a keystone 2nd Amendment case until there are several Circuit Courts of Appeals decisions on the matter. Everyone knows that the districts covering New York and California will find no right to be armed. They want to see how the other Circuit Courts deal with the issue. The Supreme Court grants less than 2% of requests to take cases, so it is silly to read anything into a decision to deny to hear a case, and it is extremely rare for them to take a case that has not been fully hashed out by… Read more »
And it is so sad that our courts will decide based upon polls and not principles. We are going down fast.
nr – polls AND their personal opinions rather than facts. ALL judges at any level are ‘supposed’ to recuse themselves from any case that they cannot rule on fairly and impartially. Too many of them don’t.
They judge whether they are impartial. Like most people, when they hold a deeply ingrained bias, they are completely unaware of it. They know what they “know” and cannot conceive seeing it differently – thus don’t consider themselves biased. Thus those with the worst bias are least likely to recuse themselves.
It would seem that the recent decision in the Eight Circus, if challenged, would add to the variety in the lists already in place.
Probably true for now, but not necessarily for ever. There is light in the 9th circus tunnel after Trump replaced so many of their justices. Think of Saint Benitez and all his recent rulings. While he has been overruled on occasion, his opinion are simultaneously clear, concise and thorough. Those opinions have gotten some of his rulings past appeal if not past “en banc (sp?). Those opinions will be part of the case going to scotus following contradictory circuit rulings. I’m hopeful that final rulings from scotus will lean on (or at least borrow from) Benitez’s opinions. Those opinions are… Read more »
A few hundred citizens could barricade the court. A few thousand could shut down blocks in every direction. A million could shut down DC. Even a single person has options.
I don’t have much respect for voters who make their minds up on election day.
I have even less for gun owners who don’t already know “all they need to know.”
In both cases we’re talking about lazy asses who just haven’t been paying attention to things of critical importance.
No excuse whatsoever.
It is not about the courts, it is about us. We are all we need.
HLB
And yet every word is true:
“If SCOTUS either punts on or rules against George Young, gun owners will have their answers.”
No more will need to be said. If that happens, recourse is over. If so many millions of voices are silenced with a single stroke of indifference, then it will be obvious to most who still have a functional brain cell that; “Those who make peaceful revolution impossible will make violent revolution inevitable.” -JFK
Sounds like Hawaii needs a CARRY DAY in support to 2A. All gun owners should plan to carry. Exercise your right. See how many LEOs want to arrest thousands of armed protestors. The hell with the courts. This is the problem. One guy stands alone. Where are his supporters. You know the ones that want to benefit from this gentleman’s work & resources. No companies supporting him & his actions while they profit off of him. If he get’s this passed it will mean more guns, ammo, accessories sales. Kudos to Mr Young fighting a losing battle that will benefit… Read more »